2020 年 11 月 1 日

The nature of labor contracts of affiliated enterprises should be observed based on the group as a whole (Taiwan)

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-1156 Decision of June 30, 2020 (hereinafter, the “Decision”), holding that since a parent company has personnel management and decision-making powers over the guidance, supervision and transfer of the employees within the corporate […]
2020 年 9 月 1 日

If the employee has provided credible evidence for the facts asserted, and the employer has not argued against the evidence, then the employee’s request under the employment contract is justified (Taiwan)

Angela Wu The Taipei District Court rendered the 108-Lao-Jian-10 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that if the employee has provided credible evidence of the facts asserted, and the employer has not argued against the evidence, then […]
2020 年 9 月 1 日

The “continuous work” under Article 9, Paragraph 1 of the Labor Standards Law and Article 6, Subparagraph 4 of the Enforcement Rules of the Labor Standards Law refers to work derived from achieving an economic activity that the employer does not intend to continue (Taiwan)

Angela Wu The Taichung Branch of the Taiwan High Court rendered the 108-Lao-Shang-21 Decision of April 28, 2020 (hereinafter, the “Decision”), holding that the “continuous work” under Article 9, Paragraph 1 of the Labor Standards Law and Article 6, Subparagraph […]
2020 年 7 月 1 日

If an employer makes the leave application for menstrual leave extremely difficult, it is still deemed an unfavorable measure under the Taiwan Law (Taiwan)

Alex Liao The Supreme Administrative Court rendered the 109-Pan-114 Decision of March 5, 2020 (hereinafter, the “Decision”), holding that if an employer makes the leave application formalities for menstrual leave extremely difficulty by probing into privacy to an extent that […]
2020 年 6 月 1 日

If the night shift snack allowance is a regular payment for workers under normal circumstances and is also recurrent in the system, it should be part of the wages (Taiwan)

Tiffany Hsiao The Kaohsiung Branch of the Taiwan High Court handed down the 108-Lao-Shang-Yi-98 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if the night shift snack allowance is a regular payment for workers under normal circumstances and […]
2020 年 5 月 1 日

The determination of an occupational accident requires business execution and causes (Taiwan)

Emily Chueh The Taiwan High Court rendered the 108-Lao-Shang-Yi-82 Decision of November 27, 2019 (hereinafter, the “Decision”), holding as follows: if a worker is disabled or injured as a result of an occupational accident, the employer shall compensate the medical […]
2020 年 4 月 1 日

For a type of contract basically determined by the main obligation, if it does not have all the factors of an employment, such determination shall be made based on the entirety of the contract and the main obligation (Taiwan)

Alex Liao The Taiwan High Court rendered the 108-Lao-Shang-29 Decision of December 10, 2019 (hereinafter, the “Decision”), holding that to differentiate an employment contract from a contract for work, the main  obligation is basically the major deciding factor.  If the […]
2020 年 4 月 1 日

Circular on the Proper Handling of Labor Relations Issues During the Novel Coronavirus Outbreak Prevention and Control Period (Mainland China)

Joyce Wen The General Office of the Ministry of Human Resources and Social Security issued on January 24, 2020 the Circular on the Proper Handling of Labor Relations Issues During the Novel Coronavirus Outbreak Prevention and Control Period (the “Circular”).  […]
2020 年 3 月 1 日

With respect to the participation of a factory-based union in the execution of a collective bargaining agreement and the handling of labor disputes, that a factory has its independent personnel, budgeting and accounting functions only highlights that it has a certain scale, not independence (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 108-Pan-449 Decision of September 20, 2019 (hereinafter, the “Decision”), holding that with respect to the participation of a factory-based union in the execution of a collective bargaining agreement and the handling of […]
2019 年 12 月 31 日

Job openings targeting young women are tantamount to providing direct or indirect unfavorable treatment to job seekers in terms of gender and age (Taiwan)

Alex Liao The Kaohsiung High Administrative Court rendered the 108-Su-56 Decision of June 13, 2019 (hereinafter, the “Decision”), holding that the nature of work for which recruitment is conducted has no connection with gender and age. However, if the job […]
2019 年 11 月 30 日

Even if an employee’s participation in an illegal act at the instruction of his/her employer results in an impairment to the company’s rights and interests, it is still difficult to conclude there is any reason attributable to the employee (Taiwan)

Teresa Huang The Taiwan High Court rendered the 107-Lao-Shang-6 Decision of May 7, 2019 (hereinafter, the “Decision”), holding that even if the employer instructs an employee to participate in an illegal act based on a profit-oriented business decision to the […]
2019 年 9 月 30 日

The court order that the employer failed to substantiate that the employee had delayed his work and affected the economic purposes for hiring the employee, this had nothing to do with whether the employee was competent for his work and the grounds for discharge under Article 11, Subparagraph 5 of the Labor Standards Law. (Taiwan)

Elva Chuang In this matter, the Appellee (i.e., the worker) asserted as follows.  He was employed by the Appellant (the employer) as a transport affair specialist in 2008.  The Appellant issued three written warnings to him for his violation of […]
2019 年 8 月 31 日

The Ministry of Labor clarified issues concerning the application of Article 17-1 of the Labor Standards Law (Taiwan)

Alex Liao The Ministry of Labor issued the Lao-Dong-Guan-Two-1080127025 Circular of June 21, 2019 (hereinafter, the “Circular”) to clarify issues concerning the application of Article 17-1 of the Labor Standards Law (hereinafter, the “Law”). Paragraphs 1 and 2 of Article […]
2019 年 8 月 31 日

The Labor Standards Act is amended to safeguard the rights and interests of dispatched workers (Taiwan)

Teresa Huang The President promulgated the amendments to Articles 63 and 78 of the Labor Standards Act (hereinafter, the “Act”) and the addition of Articles 17-1 and 63-1 via the President Hua-Zhong-One-Yi-10800060011 Decree of June 19, 2019 to safeguard the […]
2019 年 7 月 31 日

The Labor Standards Law is amended to safeguard the rights and interests of dispatched workers (Taiwan)

2019.5.15 Tiffany Hsiao The President promulgated the amendments to Articles 2 and 9 of the Labor Standards Law (hereinafter, the “Law”) and the addition of Article 22-1 via the President Hua-Zhong-One-Yi-10800049091 Decree of May 15, 2019 to safeguard the rights […]
2019 年 6 月 30 日

Even though a group insurance applicant has agreed with a worker not to make accurate filings, the monthly insurance salary should still be reported accurately; and since the worker cannot facilitate the occurrence of false filings or the aggravation of damage, the fault-balance principle certainly does not apply (Taiwan)

2019.3.28 Teresa Huang The Supreme Court rendered the 107-Tai-Shang-1854 Civil Decision of March 28, 2019 (hereinafter, the “Decision”), holding that even though a group insurance applicant has agreed with a worker not to make accurate filings, the monthly insurance salary […]
2019 年 6 月 30 日

If an employer retains an employment institution to provide care services to foreign workers, relevant expenses shall not be directly collected by the employment institution from the foreign workers to offset the retainer fees payable by the employers (Taiwan)

2019.3.14 Sophia Tsai The Supreme Administrative Court rendered the 108-Pan-110 Decision of March 14, 2019 (hereinafter, the “Decision”), holding that if an employer retains an employment institution to provide care services to foreign workers, relevant expenses shall not be directly […]
2019 年 5 月 31 日

Interpretation on Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law (Taiwan)

2019.3.21 Tiffany Hsiao The Ministry of Labor issued the Lao-Dong-Fa-Jiu-10805036151 Circular of March 21, 2019 (hereinafter, the “Circular”) to interpret Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law. Article 5, Paragraph 2, Subparagraph 6 of the Employment […]
2019 年 4 月 30 日

Since the bonus for unused vacation paid by an employer for special leave based on a worker’s salary is by nature a salary for extended work hours, it should be included as an item for reported insured salary for labor insurance (Taiwan)

2019.2.11 Teresa Huang The Taichung High Administrative Court rendered the 107-Jian-Shang-35 Decision of February 11, 2019 (hereinafter, the “Decision”), holding that since the bonus for unused vacation paid by an employer for special leave based on a worker’s salary is […]
2019 年 4 月 30 日

For parents who raise two children less than three years old at the same time, the father and mother may take parental leave concurrently (Taiwan)

2019.2.21 Sophia Tsai The Ministry of Labor issued the Lao-Dong-Tiao-Four-1080130174 Circular of February 21, 2019 (hereinafter, the “Circular”) to point out that for parents raising two children less than three years old at the same time, the father and mother […]
2019 年 4 月 30 日

Whether the death of a worker is triggered by the employer’s long-term extension of the work hours of the worker and requirement that the employee should act as an employee and a dispatched worker at the same time in order to evade the daily and weekly work hour limit is an important offensive or defensive method and should be investigated and considered (Taiwan)

2019.1.30 Emily Chueh The Supreme Court rendered the 107-Tai-Shang-1946 Civil Decision of January 30, 2019 (hereinafter, the “Decision”), holding that whether the death of a worker is triggered by the employer’s long-term extension of the work hours of the worker […]
2019 年 2 月 28 日

In case of any dispute over the type of labor contract, a determination should be made based on the main performance obligation under the contract and its actual performance status as well as the characteristics of the type it constitutes without being constrained by the name of the contract used by the parties (Taiwan)

2018.11.29 Teresa Huang The Supreme Administrative Court rendered the 107-Pan-708 Decision of November 29, 2018 (hereinafter, the “Decision”), holding that in case of any dispute over the type of labor contract, a determination should be made based on the main […]
2019 年 1 月 31 日

If a contract under which services are provided meets the criteria for subordination, it is still a labor contract under the Labor Standards Act even though it has characteristics of contractual or commissioned work (Taiwan)

2018.10.24 Teresa Huang The Taiwan High Court rendered the 107-Lao-Shang-Yi-85 Civil Decision of October 24, 2018 (hereinafter, the “Decision”), holding that if a contract under which services are provided meets the criteria for subordination, it is still a labor contract […]
2019 年 1 月 31 日

Presidential Directive to Amend the Employment Service Act (Taiwan)

2018.11.28 Sophia Tsai The President promulgated Articles 5, 24, 40, 46, 54, 56, 65-68 and 70 of the Employment Service Act (hereinafter, the “Act”) as amended via the Hua-Zhong-One-Yi-10700128031 Directive of November 28, 2018. The amendments are highlighted below: 1. […]
2018 年 12 月 31 日

When notifying employees of their termination, the employer is obligated to specifically communicate the reasons of termination and shall not subsequently change or add termination reasons at will or change or add the reasons in the course of litigation (Taiwan)

2018.10.2 Sophia Tsai The Taiwan High Court rendered the 107-Lao-Shang-69 Civil Decision of October 2, 2018 (hereinafter, the “Decision”), holding that when notifying employees of their termination, the employer is obligated to specifically communicate the reasons of termination and shall […]
2018 年 12 月 31 日

When a company suspends its business operation due to financial difficulties with outstanding severance pays, pensions and wages for untaken special leave owed to the employees, it is not true that the company’s representative and the company shall be jointly and severally liable (Taiwan)

2018.8.21 Teresa Huang The Taiwan High Court rendered the 107-Lao-Shang-Yi-23 Civil Decision of August 21, 2018 (hereinafter, the “Decision”), holding that when a company suspends its business operation due to financial difficulties with outstanding severance pays, pensions and wages for […]
2018 年 10 月 31 日

Since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due to an act of tort are not derived from the same reasons, there is no issue of profit and loss offset (Taiwan)

2018.6.29 Jonathan Chao The Supreme Court rendered the 106-Tai-Shang-2031 Civil Decision of June 29, 2018 (hereinafter, the “Decision”), holding that since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due […]
2018 年 10 月 31 日

Parents who are both insured under employment insurance and who raise at least two children under the age of three may concurrently receive parental leave allowances if they concurrently apply for unpaid parental leave in accordance with the Act of Gender Equality in Employment (Taiwan)

2018.8.8 Tiffany Hsiao The Ministry of Labor issued the Lao-Dong-Bao-One-1070140346 Circular of August 8, 2018 (hereinafter, the “Circular”) to communicate that parents who are both insured under employment insurance and who raise at least two children under the age of […]
2018 年 8 月 31 日

Wages commuted pursuant to law for workers who have extended their work hours or have not taken supplemental leave after working on their rest days are included in the average wage if the extend work hours or rest days take place within six months prior to the day when the reasons of calculation occurs (Taiwan)

2018.6.21 Sophia Tsai The Ministry of Labor issued the Lao-Dong-Tiao-Two-1070130882 Circular of June 21, 2018 (hereinafter, the “Circular”), pointing out that the wages commuted pursuant to law for workers who have extended their work hours or have not taken supplemental […]
2018 年 8 月 31 日

Interpretation of the circumstances where “the switch is not attributable to the employer” under the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Qualifications and Review Standards for Foreign Nationals Engaging in Work under Article 46, Paragraph 1, Subparagraphs 8 Through 11 of the Employment Service Act (Taiwan)

2018.6.13 Jonathan Chao The Ministry of Labor issued the Lao-Dong-Fa-Guan-10705062081 Circular of June 13, 2018 (hereinafter, the “Circular”) to interpret the compliance with the circumstance where “the switch is not attributable to the employer” under the proviso of Article 14-7, […]